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What is a subpoena duces tecum?

February 17, 2025

Juror in Ghislaine Maxwell mistrial scandal retains Anna Sorokin’s lawyer.

That bold, single-line statement may remind you of the high-profile cases Spodek Law Group handles—cases that involve complex legal processes like a subpoena duces tecum. If you are facing one, we can help you deal with it. Many people wonder what to do, when they get a subpoena – and the answer is: speak to Spodek Law Group.

WHAT IS A SUBPOENA DUCES TECUM?
A subpoena duces tecum is a court-ordered legal request which compels you to create documents, records, or other items pertaining to an investigation or legal proceeding. This is different from a regular subpoena which requires you to appear in court; instead, a subpoena duces tecum focuses on the things you must bring with you—like financial records, emails, or business documents.

LEGAL BASIS
You can read about the federal rules governing subpoenas in Rule 17 of the Federal Rules of Criminal Procedure on the official U.S. Courts website. In New York, similar provisions exist under state statutes (see New York State Unified Court System) which discuss how subpoenas, including a subpoena duces tecum, must be issued and served in order to be valid.

CRIMES, PENALTIES, AND PUNISHMENT FOR NON-COMPLIANCE
If you ignore, conceal, or destroy evidence requested by a subpoena duces tecum, you can face criminal sanctions, such as contempt of court. In some instances, non-compliance with this subpoena could lead to other charges, and criminal allegations, such as obstruction of justice charges under federal statutes (see U.S. Department of Justice for more), which can carry severe fines and possible jail time.

Possible Consequences For Disobeying a Subpoena Duces Tecum

  • Contempt of Court: This can mean monetary fines or incarceration until compliance.
  • Obstruction Charges: This can result in felony charges, leading to extended prison sentences.
  • Additional Investigations: Non-compliance might prompt closer scrutiny of your activities.

WHY DOES THIS MATTER TO YOU?
If you’re on this page, it’s because you’re worried about what happens if you fail to comply with a subpoena – or if you’ve been served with a subpoena duces tecum. At Spodek Law Group, we understand how nerve-wracking this can be, and we’re here to help you through it. Just because you get one of these notices isn’t the end of the world.

STRATEGIES WE USE TO DEFEND YOU
We focus on multiple strategies to either quash the subpoena or manage its scope—with the intent to protect your rights and limit unnecessary disclosure. Our NYC Criminal Lawyers take a hands-on approach:

  • Motion to Quash: Argue that the subpoena is unreasonable, overly broad, or lacks relevance.
  • Protective Orders: Seek court orders limiting who can access the sensitive material you turn over.
  • Negotiations with Prosecutors: We strive to narrow the scope and safeguard privileged or proprietary information.

EXPERIENCED
We are experienced. We have dedicated attorneys who have over 50 years of combined experience handling complex cases. Our managing partner, Todd Spodek—who represented Anna Sorokin (a.k.a. Anna Delvey)—knows exactly how to handle high-stakes situations.

DEDICATED
Regardless of where your case is, or the situation you’re dealing with, or the stage of the case, we can help you. Our criminal defense attorneys recognize subpoenas duces tecum can significantly impact your freedom, finances, and future.

AS SEEN ON
Major media outlets, like the NYPost and Newsweek, have featured our lawyers for legal insights. We have NYC Criminal Lawyers who can help you nationwide.

WHAT SHOULD YOU DO IF YOU’VE BEEN SERVED WITH A SUBPOENA DUCES TECUM?

  • Do Not Panic. You have options.
  • Contact Us Immediately for a risk free consultation.
  • Gather All Documents so we can review them, and tell you what to do.
  • Do Not Destroy or Alter Any Records—this can lead to additional criminal charges.

TOP RATED FEDERAL DEFENSE LAWYERS
At Spodek Law Group, we’ve seen it all. We are available 24/7, to provide a risk free consultation. We focus on getting you the best possible outcome. Regardless of the difficulty of your situation, or how intimidating the subpoena might feel, we can guide you.

CLIENT-FOCUSED REPRESENTATION
If you’re worried about potential consequences, if you suspect your rights are being infringed, if you want someone in your corner—we’re here. Our legal approach is to keep you informed, protect you at every step, and fight aggressively to resolve your situation. That means taking every single step possible.

WHY SPODEK LAW GROUP?

  • We are dedicated to your success.
  • We have experience dealing with state and federal authorities.
  • We handle complex white-collar and federal crimes.
  • We are unafraid of a courtroom battle.

NYC Criminal Lawyers you can trust with your life and subpoena.

REQUEST A RISK FREE CONSULTATION
Call us, or reach out online today. Let our rock star team of attorneys handle your subpoena duces tecum concerns, and put our 50+ years of combined experience to work for you.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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Criminal Defense Lawyers Trusted By the Media

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